Adverse Action
An Adverse Action is an action that may result in a
negative impact or an action which you are denied employment. The term "adverse
action" has the same meaning as in section 701(d)(6) of the Equal Credit
Opportunity Act; and means a denial or cancellation of, an increase in the terms
of coverage or amount of, any insurance, existing or applied for, in connection
with the underwriting of insurance; a denial of employment or any other decision
for employment purposes that adversely affects any current or prospective
employee; a denial or cancellation of, an increase in any charge for, or any
other adverse or unfavorable change in the terms of, any license or benefit
described in section 604(a)(3)(D) [15 U.S.C. §1681b] of the FCRA; and any action
taken or determination that is made in connection with an application that was
made by, or a transaction that was initiated by, any consumer, or in connection
with a review of an account under section 604(a)(3) (F)(ii) [15 U.S.C. §1681b]
of the FCRA and adverse to the interests of the consumer.
Adverse Action Notice
If any person, individual, partnership,
corporation, trust, estate, cooperative, association, government, governmental
subdivision, agency or other entity takes any adverse action with respect to any
consumer that is based in whole or in part on any information contained in a
consumer report, they are required under the provisions of the Fair Credit
Reporting Act (FCRA) to provide verbal, written or electronic notice of the
adverse action to the consumer. This notice must include: The name, address, and
toll–free telephone number of the Consumer Reporting Agency that furnished the
report, A statement that the consumer reporting agency did not make the adverse
decision, Notice of the consumer’s right to obtain a free copy of a consumer
report from the CRA that provided the consumer request within 60 days of the
adverse action, The consumer's right to dispute with the CRA the accuracy or
completeness of any information in the consumer file.
Consumer File
A file that contains all information that a consumer
reporting agency (CRA) maintains about a consumer and that may be reported on
the consumer in the future.
Consumer Disclosure Request Form
The consumer's written request to
receive or discuss information in his or her consumer file. A downloadable
Consumer Disclosure Request Form is available on our eforms page.
Consumer Report
The information that the Credit Reporting Agencies
(CRAs) provide to creditors, employers, insurers and other businesses.
Consumer Reporting Agency (CRA)
A consumer reporting agency is any individual, partnership, corporation, trust,
estate, cooperative association, government or governmental subdivision or
agency or other entity which, for monetary fees, dues or on a cooperative
nonprofit basis, regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other information on
consumers for the purpose of furnishing consumer reports.
Defendant
A person who is the subject of legal action initiated by
a plaintiff.
Disclosure
The action of providing the consumer with information
maintained in his or her consumer file.
Dispute
The consumer has the right to challenge information which
he or she believes is inaccurate or incomplete. A consumer who disputes specific
information contained in his or her consumer file may request a reinvestigation
of his or her consumer file. A downloadable Reinvestigation Form is available on
our forms page in order to expedite the Reinvestigation process.
End–User
A business that receives a consumer file and uses it to
make housing or employment decisions based on the information contained in the
file.
Fair and Accurate Credit Transactions Act of 2003 (FACTA)
See the
Fair Credit Reporting Act below.
Fair Credit Reporting Act (FCRA))
Federal legislation enforced by
the Federal Trade Commission to promote accuracy and ensure the privacy of
information used in consumer reports. The FCRA also provides regulations for
consumer reporting agencies to follow with regards to consumers' files.
Amendments made to the Fair Credit Reporting Act (FCRA) requires Consumer
Reporting Agencies to adhere to additional regulations to help consumers gain
access to the information in the consumer file as well as promote greater
accuracy of the information in the file. In addition, FACTA provides special
provisions to help consumers who become the victim of identity theft.
Identity Fraud or Theft
A crime that occurs when a person uses
someone else’s personal information to obtain credit or goods and services using
another person's identity. For more information on Identity Fraud or Theft,
visit the Federal Trade Commission’s Identity Theft Data Clearinghouse at
http://www.ftc.gov/bcp/edu/microsites/idtheft/
.
Inquiry
A customer request for a consumer report. An inquiry may
only be obtained under permissible purposes as defined by the Fair Credit
Reporting Act.
Permissible Purpose
Legally allowable purposes for inquiring about
a consumer's personal information. These purposes include legitimate business
needs such as housing or employment applications of the consumer, credit
transactions, court orders and subpoenas.
Personal Statement
Up to 100-word statement that may be added to a
consumer’s file disputing information or providing an explanation of
circumstances that might have affected the consumer’s rental or credit history.
Plaintiff
A person who brings legal action against another person.
Public Record Data
Any records that can be accessed by the general
public, such as civil lawsuits and judgments as they relate to a consumer’s
obligations.
Which Form Do I Need?
If you have been denied employment, or have
experienced any other adverse action, you may obtain a free copy of your
consumer file that is maintained by us. Please complete a Consumer Disclosure
Request Form. If you wish to have us share your information with another
individual, such as a spouse or guardian, please complete the Third Party
Disclosure portion of the Consumer Disclosure Request Form. If you already have
a copy of your Evance Business Services report and wish to dispute information
which you believe is inaccurate, please complete a Reinvestigation Request Form.
Once you have downloaded the proper form, please make sure you fill it out
completely, sign it and return it to the address listed on the form via U.S.
mail. If you do not have Adobe Acrobat Reader, you may download a free copy by
clicking on the icon below.
If you do not have access to a printer, call our consumer line toll–free at
866–681–7465. Be prepared to leave your name, address, phone number and social
security number. We will gladly mail you the requested forms, usually within one
business day of receiving your request.
How Long Does It Take?
If you sent us a completed Consumer Disclosure Request Form or the Third Party
Disclosure portion of the Consumer Disclosure Request Form, you should be sent a
copy of your consumer file within 5 to 7 business days from the time we received
your signed request. If you have submitted a Reinvestigation Request Form
disputing information on your file, a reinvestigation may take up to 30 days
from the time we received your signed and completed Reinvestigation Request
Form.